HomeMy Public PortalAbout12-02-03 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
KEY BISCAYNE, FLORIDA
TUESDAY, DECEMBER 2, 2003
COUNCIL CHAMBER
560 CRANDON BOULEVARD
1 CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by
the Mayor at 6 00 p m Present were Councilmembers Martha F Broucek, Carol Diaz -Castro,
Mortimer Fned, James L Peters, Robert L Vernon, Vice Mayor Jorge Mendia and Mayor Robert
Oldakowski Also present were Village Manager Jacqueline R Menendez, Village Clerk Conchita
H Alvarez and Village Attorney Stephen P Helfman
2 INVOCATION Rabbi Melvin Glazer, Congregation Beth David gave an invocation
3 PLEDGE OF ALLEGIANCE Mrs Joy Fned led the Pledge of Allegiance
4 SPECIAL PRESENTATIONS The Mayor, on behalf of the Village Council, presented a
Proclamation and a Ten Year Pin to the Honorable Mortimer Fned on his ten years of service to the
Village of Key Biscayne
Joe Furfaro, Executive President, Arthur Hertz, Executive Vice -President and Enc A Eimstad, Vice
President Sales and Marketing from The Miami Seaquanum made a special presentation to the
Village Council
Mark Fned, 525 Warren Lane addressed the Council regarding the Seaquanum
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December 2, 2003
5 PUBLIC COMMENTS The following residents addressed the Council Anmka Akerlund-
Tarajano, 200 Cypress Dnve
6 AGENDA Mayor Oldakowski requested to hear Items 9B and 9E pnor to Item 8A1 and
the Manager requested the deferral of Item 9C to the January 13, 2004 Regular Council Meeting
There was no objection to the agenda changes
7 APPROVAL OF MINUTES Vice Mayor Mendia made a motion to approve the minutes
of the November 21, 2003 Special Council Meeting The motion was seconded by Councilmember
Diaz -Castro and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek,
Diaz -Castro, Fned, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting Yes
At this time Items 9B and 9E were heard
The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED
AGREEMENT ON BEHALF OF THE VILLAGE WITH THE METROPOLITAN CENTER
AT FLORIDA INTERNATIONAL UNIVERSITY FOR VISION 2004 SURVEY AND
CONFERENCE, PROVIDING FOR AN EFFECTIVE DATE
Councilmember Fned made a motion to approve the resolution The motion was seconded by Vice
Mayor Mendia
The Manager addressed the Council regarding this resolution
Mr Dario Moreno, Director of the Metropolitan Center at Florida International University
addressed the Council
The resolution was approved by a 7-0 voice vote The vote was as follows Councilmembers
Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting
Yes
The Clerk read the following resolution by title
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE COMMUNITY
CENTER COMPONENT OF THE VILLAGE OF KEY BISCAYNE CIVIC CENTER
PROJECT, AUTHORIZING CONSTRUCTION EXPENSE ITEMS DESCRIBED HEREIN,
AUTHORIZING AMENDMENT NO 13 TO AGREEMENT BETWEEN OWNER AND
CONSTRUCTION MANAGER CONCERNING MATTERS DESCRIBED THEREIN,
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December 2 2003
PROVIDING FOR EFFECTIVE DATE
Councilmember Fned made a motion to approve the resolution The motion was seconded by Vice
Mayor Mendia
The Manager addressed the Council regarding this resolution
The resolution was approved by a 7-0 voice vote The vote was as follows Councilmembers
Broucek, Diaz -Castro, Fned, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting
Yes
8 ORDINANCES The Clerk read the following ordinance on first reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE
VILLAGE CODE BY AMENDING CHAPTER 8 "ENVIRONMENT", CREATING
ARTICLE IV "SANITARY CONDITIONS REQUIRED", CONSISTING OF SECTION 8-
201 "REMOVAL OF ANIMAL DEFECATION", TO REQUIRE THE REMOVAL AND
DISPOSAL OF ANIMAL FECAL MATTER, PROVIDING FOR INCLUSION IN CODE,
PROVIDING FOR SEVERABILITY, PROVIDING FOR PENALTY, PROVIDING FOR
EFFECTIVE DATE
Mayor Oldakowski made a motion to adopt the ordinance on first reading The motion was
seconded by Councilmember Broucek
The ordinance was adopted on first reading by a 7-0 roll call vote The vote was as follows
Councilmembers Broucek, Diaz -Castro, Fned, Peters, Vernon, Vice Mayor Mendia and Mayor
Oldakowski voting Yes
The second reading of the ordinance will be on January 13, 2004
The Clerk read the following ordinance on second reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR
AMENDMENT OF THE VILLAGE CHARTER BY AMENDING SECTION 2 03
"ELECTION AND TERM OF OFFICE" AND SECTION 5 01 "ELECTIONS", BY
PROVIDING FOR COUNCIL MEMBERS, OTHER THAN THE MAYOR, TO BE
ELECTED FOR TERMS OF FOUR (4) YEARS INSTEAD OF TWO (2) YEAR TERMS,
AND BY PROVIDING FOR ELIMINATION OF RUN-OFF ELECTIONS FOR MAYOR
AND COUNCIL MEMBER POSITIONS, AND PROVIDING FOR CANDIDATES TO BE
ELECTED TO MAYORAL AND COUNCIL MEMBER POSITIONS BY PLURALITY
VOTE RATHER THAN BY A MAJORITY VOTE REQUIREMENT, PROVIDING FOR
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December 2 2003
ADOPTION OF SECTION 8 09 "TRANSITION PROVISIONS TO FACILITATE CHANGE
TO FOUR-YEAR TERM", TO PROVIDE FOR STAGGERED TERMS OF COUNCIL
MEMBERS, CALLING AN ELECTION ON THE PROPOSED AMENDMENTS TO THE
VILLAGE CHARTER TO BE HELD ON TUESDAY, MARCH 9, 2004, PROVIDING FOR
SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL THE
CHARTER AMENDMENTS SET FORTH HEREIN, PROVIDING FOR REQUISITE
BALLOT LANGUAGE, PROVIDING FOR PROCEDURE FOR BALLOTING,
PROVIDING FOR NOTICE OF ELECTION, PROVIDING FOR INCLUSION IN THE
CHARTER, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE
DATE
Councilmember Fried made a motion to adopt the ordinance on second reading The motion was
seconded by Councilmember Vernon
The Mayor opened the public heanng John Festa, 695 Harbor Lane and Michael Kahn, 881
Ocean Dnve addressed the Council The Mayor closed the public hearing
A vote was taken on the 2 year term vs 4 year term The vote was as follows Councilmembers
Fned, Peters and Vice Mayor Mendia voting Yes Councilmembers Broucek, Diaz -Castro, Vernon
and Mayor Oldakowski voting No
A vote was taken on eliminating the run-off election for Mayor The vote was as follows
Councilmembers Broucek and Fned voting Yes Councilmembers Diaz -Castro, Peters, Vernon,
Vice Mayor Mendia and Mayor Oldakowski voting No
The adoption of the ordinance failed by a 3-4 roll call vote The vote was as follows
Councilmember Fned voting Yes Councilmembers Broucek, Diaz -Castro, Peters, Vernon, Vice
Mayor Mendia and Mayor Oldakowski voting No
It was the consensus of Council to direct the Attorney to bnng before the Council the appropnate
ordinance regarding the run-off election issue at a future Council Meeting
The Clerk read the following ordinance on second reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR
A MORATORIUM ON DEVELOPMENT PERMITS FOR ALL LANDS ZONED FOR
COMMERCIAL OR OFFICE USES ALONG THE CRANDON BOULEVARD CORRIDOR
AS DEPICTED ON ATTACHED EXHIBIT A, PROVIDING FOR A VESTED RIGHTS
PROCEDURE RELATED TO THE MORATORIUM, PROVIDING FOR EXCEPTIONS,
PROVIDING FOR EXCLUSION FROM THE CODE OF KEY BISCAYNE, PROVIDING
FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE
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December 2, 2003
Councilmember Diaz -Castro made a motion to adopt the ordinance on second reading The motion
was seconded by Councilmember Broucek
The Mayor opened the public heanng Wilfredo Borroto, 241 Harbor Dnve, Architect for
the 200 Crandon Boulevard project, Carter McDowell, Attorney representing the owner of
200 Crandon Boulevard, John Festa, 695 Harbor Lane, Jeffrey Bartel, Attorney representing
Wachovia at 100 Crandon Boulevard and John Oramas, Attorney representing the owners
of 180 Crandon Boulevard addressed the Council The Mayor closed the pubhc heanng
The adoption of the ordinance failed by a 3-4 roll call vote The vote was as follows
Councilmembers Broucek, Vice Mayor Mendia and Mayor Oldakowski voting Yes
Councilmembers Diaz -Castro, Fned, Peters and Vernon voting No
9 RESOLUTIONS The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING A STUDY OF THE ZONING ALONG THE CRANDON
BOULEVARD CORRIDOR, AS DEPICTED IN EXHIBIT A ATTACHED HERETO,
PROVIDING FOR THE MANAGER TO IMPLEMENT THIS RESOLUTION, AND
PROVIDING FOR EFFECTIVE DATE
Councilmember Vernon made a motion to approve the resolution The motion was seconded by
Councilmember Peters
The Manager and the Attorney addressed the Council regarding this resolution
The resolution was approved by a 7-0 voice vote The vote was as follows Councilmembers
Broucek, Diaz -Castro, Fned, Peters, Vernon, Vice Mayor Mendia and Mayor Oldakowski voting
Yes
The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED
AGREEMENT WITH THE FIRM OF RANDOLPH G WHITE, P A FOR FINANCIAL
SERVICES, PROVIDING FOR AN EFFECTIVE DATE
Councilmember Fned made a motion to approve the resolution The motion was seconded by
Councilmember Vernon
The Manager and Randolph White, Finance Director addressed the Council regarding this resolution
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December 2 2003
It was the consensus of Council to table this resolution to the January 13, 2004 Council Meeting
10 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers Vice Mayor Mendia addressed the Council regarding the
standardization of trash cans for single family homes and duplexes
Public Works Director, Armando Nunez addressed the Council
It was the consensus of Council to direct the Attorney to draft the appropnate ordinance and
resolution to implement the one time charge for trash cans and required use of the same
Village Attorney The Attorney did not submit a report
Village Clerk The Clerk submitted to the Council a copy of the following proclamations issued by
the Office of the Mayor during the month of November 2003 proclaiming November 15 as Thomas
Weller Day and proclaiming the month of November 2003 as Jewish History Month
Village Manager The Manager addressed the Council regarding the termination of the contract with
Moyer and Associates
Vice Mayor Mendia made a motion to terminate the contract with Moyer and Associates The
motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote The vote was
as follows Councilmembers Broucek, Diaz -Castro, Fried, Peters, Vernon, Vice Mayor Mendia and
Mayor Oldakowski voting Yes
The Manager and the Attorney addressed the Council reporting on the status of the Public Access
Channel negotiations
11 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed
12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and
events was presented to the Council
13 ADJOURNMENT The meeting was adjourned at 10 25 p m
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December 2 2003
tfully submi ted
nnc tta H Alvarez, CMC
Village Clerk
loe'
Approved this 13th day of January , 2004
zto ((te,L4i L._,.._
Robert Oldakowski
Mayor
IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL
WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT
PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE,
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED
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